Wisconsin's new laws to combat rise in heroin use get mixed feedback

May 30, 2014

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Penzenstadler to appear on Wisconsin Public Radio

I-Team reporter Nick Penzenstadler will discuss this story on Wisconsin Public Radio on Tuesday. Tune in at 4 p.m. on the radio or listen online at wpr.org.

About this report

This story is part of our ongoing “Deadly Doses” series, which examines the spread and impact of heroin across Wisconsin. Sunday: Heroin death prosecutions have spiked in Wisconsin, but vary dramatically by county. Monday: Will any of the legislative bills signed into law by Gov. Scott Walker deter heroin use?

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Green Bay Police Chief Tom Molitor describes Wisconsin’s new heroin and opiate laws as single stitches trying to close an open wound.

A few of the new anti-heroin laws may have a noticeable impact over the next couple of years. But other bills signed into law by Gov. Scott Walker in April might not.

Wisconsin joins a group of states rushing to pass provisions to address prescription drug and heroin addiction. One public health expert in Washington, D.C., praises Wisconsin for taking a holistic approach. But he’s also quick to point out that the flurry of new anti-heroin laws were not necessarily aimed at prevention.

“These initiatives are all important, but many of them are post-addiction, instead of mitigating the problem before it starts,” said Rich Hamburg, deputy director of the Trust for America’s Health, a nonprofit health organization in Washington, D.C.

Wisconsin’s seven new laws came amid an alarming increase in overdoses and a push by the state’s Department of Justice and State Rep. John Nygren, R-Marinette.

Nygren acknowledges none of the laws will act as a “silver bullet,” but he calls them an important first step in the right direction. The legislation came in response to the rise in heroin deaths across Wisconsin. There were at least 206 heroin-related deaths in 2012 and 227 deaths in 2013.

While the state’s Department of Justice said it could take months to evaluate the impact of the new laws, here’s a ranking — from most effective to least effective — based on interviews for this report.

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1. Additional training with Narcan

Wisconsin joins about a third of the country with some form of “rescue drug” laws aimed at giving access to the prescription drug naloxone to police and other responders. Previously, only trained paramedics or doctors could administer the drug. Potentially, hundreds of more responders will carry the life-saving drug.

A $15 dose of the opioid antagonist known as Narcan rapidly counteracts the effects of an overdose of heroin and other narcotics like Oxycodone.

In Oshkosh, Narcan has been administered 32 times this year by paramedics trained to administer it in a nasal spray, with an injection or with an intravenous line, said Chuck Hable, a lieutenant with the fire department.

“It’s one of the most gratifying calls for us because someone is literally circling the drain and in a couple minutes they’re awake talking to you,” Hable said.

While paramedics have the training, Hable said smaller fire departments like nearby Omro-Rushford or Winneconne-Poygan will benefit most from expanded training, which is expected to be approved through the state’s technical college system.

It could take around six months to get supplies and training for the new naloxone availability, officials said.

2. Immunity for 911 calls

In the case of an overdose, no matter if it’s fatal, a friend that’s also using heroin is now protected from prosecution if they call 911 or take the friend to a hospital.

Those fellow users risked facing a felony in the past if they called for emergency help. Prosecutors, however, will still be able to charge a friend if they are the dealer, said Amanda Folger, an assistant district attorney in Winnebago County.

“We’ll still charge people with reckless homicide when people die and the dealers associated with the drug,” Folger said.

Wisconsin became the 18th state to adopt the law aimed at helping friends who overdose. Experts say the law could take months or a year to take root before users understand they won’t get in trouble for calling 911.

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“Overall this new law is a positive step in the right direction,” said Eric Toney, district attorney in Fond du Lac County. “This (heroin problem) will not be solved through legislation, arrests and prosecution alone.”

3-4. Money for treatment programs

Two pieces of legislation are aimed at improving access to drug treatment programs statewide.

The first pumps $1.5 million into the Treatment Alternatives and Diversion program. The county-administered-program has proven effective in some instances in combating root problems with drug and alcohol abuse, Nygren said.

A second piece of legislation creates a regional pilot program aimed at opiate addiction in rural areas.

That law will provide counseling and medical or abstinence treatment. Persons in that recovery program would eventually move into county-based or private post-treatment rehab programs.

The funding for TAD will allow about 25 more counties to participate and the rural initiative will be up and running by January 2015, said Jennifer Malcore, a spokeswoman for Nygren. About 35 counties are currently in the program.

However, both of these new laws could take months to take root, and they don’t act early in the addiction process, said Bill Swanson, a drug officer with the Marinette County Sheriff’s Office.

“As a law enforcement officer I see these laws differently because rather than focusing on drug and alcohol counseling I think we need to get to the youth long before they get into this,” Swanson said.

Three other laws were passed based on standardizing several common practices that may not have been applied statewide.

5. Drug disposal programs

Prescription drug take-back programs are popular at law enforcement agencies statewide and a new law encourages communities to broaden their use.

Officials seek to limit access to prescription pills since that is the most common gateway to heroin use. A study released May 28 by the Journal of the American Medical Association Psychiatry said 75 percent of heroin users were introduced to opiates through prescription drugs.

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The law goes into effect in 2015 and allows for the Department of Justice to grant permits to groups aside from law enforcement to collect the pills at police headquarters.

“This will make it easier for pharmacies to start accepting the unused or unwanted medications,” said Brad Dunlap, who leads the Lake Winnebago area metropolitan enforcement group. “You see many people who don’t want to or can’t get to a police department office. We’re only collecting about two percent of the unwanted medication out there.”

Dunlap said it could be years before the pharmacies are on board with the program since transferring the drugs to federal authorities for destruction can be difficult.

6. Swift and certain punishments

A new law is aimed at making sure anyone who violates probation or parole faces “swift and certain” punishment. The model is based on research that shows the swift nature of punishment is more important than the length of confinement to drug users and repeat offenders.

However, the practice is already commonplace statewide, said Christian Gossett, district attorney in Winnebago County.

“We address almost all of our cases within two days due to the custody rules imposed within 48 hours,” Gossett said.

7. IDs required at pharmacies

People are now required to show an ID when picking up prescriptions classified as most likely to cause addictionat the pharmacy.

Again, this rule was widely already followed by major retailers throughout the state, said Hannah Zillmer, spokeswoman for the state’s Department of Safety and Professional Services.

“Previously a photo ID wasn’t required, but was common practice,” Zillmer said.